A great bit of insight by esteemed employment law attorney, Montserrat Miller, a partner in the law firm Arnall Golden Gregory LLP, which is headquartered in Washington D.C. Employers need to pay attention to the ban the box issue as it is gaining momentum and may soon be implemented in a city where your business is located.

Los Angeles is the latest major city to pass a Ban the Box measure (Ordinance 184652) applicable to private employers. It will become effective January 22, 2017 and will be enforced beginning in July 2017. Other major cities with Ban the Box laws include:

And don’t forget that eight states have Ban the Box measures on their books which are applicable to private employers — HI, IL, MA, MN, NJ, OR, RI, VT.

What is Ban the Box? In its most basic form it means that an employer cannot ask on the job application about criminal history (i.e., arrests or convictions). Generally, an employer must wait until a conditional offer of employment has been extended to inquire about criminal history and conduct a background check. Ban the Box moves the criminal history inquiry until later in the process to afford ex-offenders the opportunity to be judged on their merit and not their past. At least in theory that’s what is supposed to happen as a result of Ban the Box measures, which are often referred to as fair hiring policies.

But, nothing in life is simple. Often, Ban the Box measures go beyond simply requiring employers remove the criminal history question from the job application and they include additional requirements, such as requiring